BIS Initiates Foreign Availability Assessment Process for Certain Thermal Imaging Cameras in China
On
September 2, 2008, the U.S. Department of
Commerce’s Bureau of Industry and Security
(BIS) announced a 90-day study
to assess the foreign availability of uncooled
thermal imaging cameras incorporating
microbolometer focal plane arrays in China.
BIS was required to initiate such assessment after the Sensors and Instrumentation Technical Advisory Committee (SITAC) certified a petition asserting that uncooled thermal imaging cameras were widely availably in China, thus rendering U.S. export controls ineffective. In connection with the petition, SITAC has issued a report detailing the foreign availability of the uncooled thermal imaging cameras in controlled countries.
Part 768 of the Export Administration Regulations (EAR) sets out the procedure associated foreign availability assessment. The Secretary of Commerce has 90 days from the date of initiation to determine whether the thermal imaging cameras are available in China in sufficient quantity, and whether they are of comparable quality to render current U.S. export controls ineffective.
To develop its own recommendation for the Secretary of Commerce consideration, BIS is also seeking information from the public and other U.S. Government agencies on the availability of these cameras in China. Comments from the public must be received by September 17, 2008. Once the Secretary completes the review process, both SITAC and Congress will be notified of the final assessment determination.
If foreign availability is determined, the Department of Commerce may remove the license requirements, unless the President determines that this would be detrimental to national security. The Secretary may also recommend to the President that negotiations be undertaken to eliminate the foreign availability.
The Federal Register notice details methods by which public may submit comments on the matter.
BIS was required to initiate such assessment after the Sensors and Instrumentation Technical Advisory Committee (SITAC) certified a petition asserting that uncooled thermal imaging cameras were widely availably in China, thus rendering U.S. export controls ineffective. In connection with the petition, SITAC has issued a report detailing the foreign availability of the uncooled thermal imaging cameras in controlled countries.
Part 768 of the Export Administration Regulations (EAR) sets out the procedure associated foreign availability assessment. The Secretary of Commerce has 90 days from the date of initiation to determine whether the thermal imaging cameras are available in China in sufficient quantity, and whether they are of comparable quality to render current U.S. export controls ineffective.
To develop its own recommendation for the Secretary of Commerce consideration, BIS is also seeking information from the public and other U.S. Government agencies on the availability of these cameras in China. Comments from the public must be received by September 17, 2008. Once the Secretary completes the review process, both SITAC and Congress will be notified of the final assessment determination.
If foreign availability is determined, the Department of Commerce may remove the license requirements, unless the President determines that this would be detrimental to national security. The Secretary may also recommend to the President that negotiations be undertaken to eliminate the foreign availability.
The Federal Register notice details methods by which public may submit comments on the matter.